Persons and Family Relations - Week 1

WEEK 1
Introduction
- What is law
o In its generic sense
o Classification
o Human Positive Law
 Essential elements
 classification
o civil law
Articles 1 to 18, New Civil Code of the Philippines
Art. 1
- sources
- brief history
- books of the New Civil Code (NCC)
Art. 2.
- Scope
- ‘unless otherwise provided’: may publication be dispensed with?
- Applicability to certain administrative circulars
- Effectivity of the NCC
- Cases:
o Republic v. Encarnacion G.R. L-3936, Dec. 29, 1950
o Tanada v. Tuvera G.R. No. 63915, Dec. 29, 1986
o Garcillana v. HOR G.R. No. 170338 Dec. 23, 2008
o Nagkakaisang Maralita ng Sitio Masigasig Inc., v. Military Shrine Services G.R.
No. 187587 June 5, 2013
Art. 3.
- Complement to Art. 2
- Rationale
- Scope of application
o Domestic law v. foreign law
 ‘processual presumption’
o Words v. meaning
- Ignorance of law v. ignorance of fact
- Case:
o Consunji v. Court of Appeals G.R. No. 137873 April 20, 2001
Art. 4.
- Gen. rule: prospectivity; exception: unless the contrary is provided
- Reason for general rule
o relate with Arts. 2 & 3
- Examples of the exception
o Does congress have absolute authority to make an exception?
o Ans. No. subject to constitutional limits such as the prohibition on ex post
facto law
Art. 5
- Gen rule v. exception
- Effect of violating gen. rule
o Exercise: cite an example
- What is mandatory or prohibitory law
- Case:
o Brehm v. Republic 9 SCRA 172
Art. 6.
- Gen rule v. exceptions
- Define:
o Rights
 Subjects
 kinds
o Waiver
- Requisites for valid waiver
- Exercise: cite examples of rights that cannot be renounced
- Case:
o Gongon v. CA 32 SCRA 412
Art. 7.
- Sources of law and their order of preference
- How are laws repealed
o Rules on implied repeals
- Supremacy of the Constitution
o Effect of a law that has been declared unconstitutional
- Cases (operative fact doctrine):
o Hacienda Luisita, Inc. v. PARC G.R. No. 171101 Nov. 22, 2011
o Araullo v. Aquino III G.R. No. 209287 July 1, 2014
Art. 8.
- Are judicial decisions laws?
- When do judicial decisions become part of the legal system?
- Do all court decisions become part of the legal system?
- Ratio decidendi v. obiter dictum
- Stare Decisis
- How judicial decisions are abrogated
- Cases:
o People v. Licera 65 SCRA 270
o People v. Jabinal 55 SCRA 607
Art. 9.
- Duty of a judge to render judgment
- Case:
o Floresca v. Philex Mining Corporation 136 SCRA 136
Art. 10.
- Statutory construction
o Must the court interpret the law every time it decides a case?
o Must the court decide in accordance with what is right and just?
Arts. 11 & 12
- What is custom
- Kinds of customs
- Laws v. customs
Art. 13.
- Rules on computing periods
o 1 year = 12 calendar months (see Sec. 31 Chapter VIII Bk I EO 292)
o 1 month = 30 days
 Except: month is designated by name. e.g. February = 28 days or 29
on a leap year
o 1 day = 24 hours
o Night = sunset to sunrise
o Exclude the first day, include the last
- Case:
o CIR v. Primetown Property Group G.R. No. 162155 August 28, 2007
Art. 14.
- Theories of Territoriality & Generality
- Scope of Art. 14
o Exceptions
Art. 15.
- Nationality Principle
- Does Art. 15 apply only to Filipino citizens?
- What is status
- Capacity to enter into contract
o Contracts involving real & personal property, apply Lex Rei Sitae rule (art. 16
1st par.)
o Other contracts, apply
 National law (e.g. inheritance);or,
 lex loci celebrationis (e.g. capacity to marry, but subject to certain
exceptions in the Family Code)
Art. 16.
- Gen. rule: Lex Rei Sitae, exceptions: 2nd par. Art 16
- Defect of Art. 16 par. 2: problem of enforceability
- Renvoi
o Cases:
 In the matter of the testate estate of the deceased Edward E.
Christensen, Adolfo C. Aznar & Lucy Christensen v. Helen Christensen
Garcia G.R. No. L-16759, January 31, 1963
 Testate estate of Amos Bellis, et al. v. Edward A. Bellis G.R. No. L-
23678, June 6, 1967
Art. 17.
- Doctrine of Lex Loci Celebrationis (relative to extrinsic validity of instruments)
- Doctrine of Exterritoriality
- Rules regarding prohibitive laws
o Scope
o May a foreign law be given effect in the Philippines?
o Exercise: May a fifteen year old, if allowed by his own national law, legally
purchase a cigarette in the Philippines?
Art. 18.
- Rule in case of conflict between NCC and other laws

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WEEK 1

Articles 1 to 18, New Civil Code of the Philippines

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